Rajasthan High Court - Jodhpur
Bharat Singh vs State Of Rajasthan on 17 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 838/2021
Bharat Singh S/o Kojraj Singh, Aged About 28 Years, R/o Village
Dhamseen, P.s. - Raniwara, District Jalore, Rajasthan. (Lodged
At District Jail, Jalore)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Dashrath Bhai S/o Shree Jointa Ram, R/o Village
Dhamseen, P.s. Raniwara, District Jalore, Rajasthan.
----Respondents
For Appellant(s) : Mr. Laxman Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
Mr. Navneet Punia for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
17/12/2021
This criminal appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter to be referred as 'the
SC/ST Act') has been filed on behalf of the appellant
being aggrieved with the order dated 7.9.2021 passed by
the Special Judge, SC/ST (Prevention of Atrocities) Cases,
Jalore (hereinafter to be referred as 'trial court') in
Criminal Misc. (Bail) Case No.125/2021 (CIS
(2 of 3) [CRLAS-838/2021]
No.482/2021) whereby, the trial court has dismissed the
bail application filed on behalf of the appellant.
The appellant has been arrested in FIR No.146/2020
of Police Station Raniwara, Distt. Jalore for the offences
punishable under Sections 341, 323, 324, 325, 326,
307/34 IPC and Sections 3(1)(R)(S), 3(2)(V) and 3(2)
(VA) of the SC/ST Act.
Learned counsel for the appellant has submitted that
allegation against the appellant and co-accused Ummeda
Ram is to the effect that they inflicted injuries on the
body of injured Bhupa Ram. It is further submitted that
co-accused Ummeda Ram has already been enlarged on
bail and case of the appellant is not distinguishable from
him.
Learned Public Prosecutor as well as learned counsel
for the complainant have opposed the prayer made on
behalf of the appellant in this criminal appeal.
Heard learned counsel for the parties and perused
the material on record.
Having regard to the totality of the facts and
circumstances of the case, keeping in view the fact that
co-accused Ummeda Ram has already been enlarged on
bail, without expressing any opinion on the merits of the
(3 of 3) [CRLAS-838/2021]
case, I deem it just and proper to allow the appeal filed
by the appellant under Section 14-A(2) of SC/ST Act.
Accordingly, this criminal appeal filed under Section
14-A(2) of the SC/ST Act is allowed and the order dated
7.9.2021 passed by the trial court in Criminal Misc. (Bail)
Case No.125/2021 (CIS No.482/2021) is set aside and it
is directed that appellant - Bharat Singh S/o Kojraj Singh
shall be released on bail in connection with FIR
No.146/2020 of Police Station Raniwara, Distt. Jalore
provided he executes a personal bond in the sum of
Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- each to the satisfaction of learned trial court
for his appearance before that court on each and every
date of hearing and whenever called upon to do so till the
completion of the trial.
(VIJAY BISHNOI),J
2-msrathore/-
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